Dental malpractice claims arises when a dentist or dental specialist provides inadequate care, leading to harm or injury. If you believe you have experienced such negligence, it is important to seek legal advice to explore your options for justice and compensation. Dental issues can range from cavities, gum disease, and oral cancer to more complex conditions like cracked tooth syndrome or temporomandibular disorder (TMD). Whether the issue involves a toothache, tooth decay, or a misdiagnosis, dental malpractice can have lasting effects on your oral health and overall well-being.
Common sources of dental malpractice claims
Dental malpractice occurs in several ways. One common form is the failure to diagnose or misdiagnosis of oral conditions such as gingivitis, gum disease, or even oral cancer. When a dentist overlooks early signs of these conditions, it can lead to severe complications, including periodontitis, tooth loss, and more invasive treatments. In some cases, misdiagnosis can result in unnecessary procedures or delays in treatment, which can worsen the patient's condition. For example, a patient with gingival recession might not be diagnosed in time, leading to tooth sensitivity, toothache, or even dentin hypersensitivity.
Delayed treatment is another issue that can lead to malpractice claims. A dental professional's failure to address conditions like impacted wisdom teeth, tooth decay, or a root infection can result in the worsening of these conditions, sometimes requiring more complex procedures. For instance, if a dentist fails to treat acid erosion in its early stages, it can lead to significant enamel loss, causing sensitivity, cavities, and further decay.
Improper treatment is also a key factor in dental malpractice cases. This may involve performing the wrong procedure, such as extracting an incisor instead of a wisdom tooth, or executing a treatment incorrectly. Examples of improper treatment include misalignment of teeth after orthodontic procedures, or a poorly executed root canal that leaves the patient in pain. These mistakes can lead to conditions like cracked tooth syndrome, where a patient experiences pain from a fracture in the tooth, or xerostomia, a condition where the mouth produces insufficient saliva, leading to discomfort, sores, and bad breath.
Informed consent is an essential part of dental care. Patients must be fully aware of the risks and benefits of any treatment, including potential complications like bruxism or gingivitis. If a dentist does not provide this information or obtain the patient’s consent, it can lead to legal repercussions. For instance, a patient might not be aware of the risks of developing a sore or mouth ulcer after undergoing a certain procedure, or they may not understand the potential for worsening symptoms if they choose to delay treatment for misaligned teeth.
Errors involving anesthesia are another serious issue in dental malpractice cases. An improperly administered dose can result in complications, including heart issues or even brain damage. These errors are particularly concerning in more complex procedures, such as oral surgery or treatment for periodontitis, where anesthesia plays a critical role in patient safety.
Defective equipment or products can also result in harm. For example, a dentist may use a faulty drill during a procedure to address a chipped tooth, leading to further damage. Similarly, defective dental implants or crowns can cause discomfort, infection, or even the need for additional surgeries. Improperly fitted braces or aligners can lead to a worsening of misaligned teeth, causing long-term complications.
One of the less obvious forms of malpractice is a failure to refer a patient to a specialist when needed. Certain dental conditions, such as a root infection or advanced gum disease, may require treatment from a periodontist or oral surgeon. If a general dentist fails to make this referral, the patient’s condition could worsen, leading to additional problems like missing teeth, stained teeth, or even oral cancer.
Malpractice vs Inherent Risks
It’s important to remember that not every negative dental outcome is the result of malpractice. Some procedures, like treating an impacted wisdom tooth or addressing gingival recession, carry inherent risks. However, if negligence or poor judgment is involved, it can lead to significant harm and long-term oral health problems.
Ontario has seen a rise in dental malpractice cases, with issues like unlicensed practitioners, failure to document treatment, and negligence during procedures becoming more common. In some cases, patients have suffered from severe dental complications, including infections, tooth loss, and pain from poorly performed procedures or untreated conditions like bruxism or dentin hypersensitivity.
Dental Malpractice Litigation - Future Trends
Looking ahead, dental malpractice cases are expected to continue, particularly with an aging population more prone to oral health issues. Patients with pre-existing conditions may experience complications during dental treatments, leading to additional malpractice claims. Issues such as too many teeth, impacted wisdom teeth, or problems with dentures and veneers may become more frequent as the population ages. Dental malpractice encompasses a wide range of issues, from minor problems like bad breath and cavities to more serious conditions such as oral cancer, tooth loss, or TMD. If you believe you’ve suffered due to dental negligence, we can help you navigate the complexities of dental malpractice claims and pursue the compensation you deserve. The cost of care is increasing, and fixing malpractice errors can be very costly and require multiple treatments over a long period of time. As such, settlement amounts have increased over recent years.
Dental malpractice cases are often complex, and the awarding of damages can depend on various factors, such as the conduct of the parties involved, the complexity of the case, and the length of the trial. Courts may consider whether either party acted unreasonably or prolonged litigation, and they may also account for disbursements, such as expert witness fees, when determining cost awards.